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State Constitutional Protection

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Tell Sen. McConnell: Stop Playing Politics and Start doing your job!

Sen. Majority Leader Mitch McConnell wants an abortion ban included in a bill that would help survivors of human trafficking and has publicly announced he won't consider the attorney general nomination until that bill passes.

Tell Anti-Choice GOP Politicians: Rape is Rape

Anti-choice politicians in the GOP can't stop insulting women with disgusting comments about sexual violence that shows the truth: they don't trust women. Speak out against their remarks.

Featured Efforts

Exposing Anti-Choice Crisis Pregnancy Centers

Anti-choice CPCs mislead and manipulate people facing unintended pregnancies. Learn More »

Can a state constitution provide broader protection for the right to choose than the federal Constitution does?

Yes. Women's freedom and privacy are protected by the U.S. Constitution, as interpreted by the U.S. Supreme Court in the historic Roe v. Wade decision and other cases. However, an increasingly hostile Supreme Court has allowed more and more restrictions on those rights, allowing politicians and others to infringe on private medical decisions in many ways. Fortunately, a number of state courts have ruled that their state constitutions provide stronger protections for the right to privacy and the right to choose than the U.S. Constitution does. If Roe were overturned, eliminating federal constitutional protection for choice, these states might be able to protect women’s continued access to reproductive-health services unless Congress passed legislation banning abortion nationwide, trumping state constitutional protections.

Current State Measures

15 states' constitutions provide greater protection of a woman's right to choose than does the federal Constitution: AK, AZ, CA, CT, FL, IL, IN, MA, MN, MT, NJ, NM, OR, VT, WV.

View a map of all states with State Constitutional Protection.

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